Vijay Yadav @ Vijay Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62675 of 2023 Arising Out of PS. Case No.-238 Year-2023 Thana- NARHATT District- Nawada ====================================================== 1.

Vijay Yadav @ Vijay Shankar Prasad Son Of Shyam Kishore Yadav @ Shyam Kishore Prasad Resident Of Village - Hasanchak, P.S. - Sitamarhi, District - Nawada 2.

Mahendra Yadav Son Of Siro Yadav Resident Of Village - Hasanchak, P.S. - Sitamarhi, District - Nawada 3.

Muko Yadav Son Of Anandi Yadav Resident Of Village - Hasanchak, P.S. - Sitamarhi, District - Nawada ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 325, 427, 354B, 379, 307/34 of the IPC and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the accused persons including the petitioners is that they came at the house of informant and started abusing and assaulting. In the course of the occurrence, co-accused persons fired upon the family members of the informant due to which his family sustained injuries. It is further alleged that they also tried to

Patna High Court CR. MISC. No.62675 of 2023(2) dt.22-09-2023 2/2 outrage the modesty of the informant's wife and took away several ornament, cash and other articles.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to dirty village politics. The alleged occurrence took place in the background of election dispute. From perusal of FIR, it appears the specific allegation of firing is against other co-accused Mukesh Don. It is further submitted that the petitioners are languishing in judicial custody since 13.07.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Narhat Sitamrhi P.S. Case No. 238 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrte-Ist, Class, Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T